Post colonialism: A court order that attempts to cure the ills of the past in South Africa

Abstract

ABSTRACT South Africa, a country that was once colonized, had deliberate and hateful laws pre-democracy, which discriminated against, and segregated races with the intention to divide and conquer territories through marginalization. A case study emerges within this context, which exposes the racial prejudice that still persists, more than 20 years post-democracy. The article is important because it illustrates the historical injustices that exist based on gender imbalances between men and women. It makes a case for racial prejudice that racial inequalities foster resentment that ultimately prevents social cohesion. The article postulates averments such as, whether the description made in the return of service amounts to unfair discrimination on the basis of race, gender and infringement to dignity. This article critically analyses a South African court judgment in which the presiding Judge made several punitive orders against three deputy-sheriffs acting in their public capacity. It will be argued in the circumstances that this was a bold, brazen and a triumphant decision in addressing the colonial ills of the past in South Africa presenting a cure for the indifference and segregation on the basis of race.